HOUSE BILL REPORT
HB 1696
As Reported by House Committee On:
Natural Resources, Ecology & Parks
Title: An act relating to enhanced fish and wildlife penalties.
Brief Description: Increasing penalties for the violation of certain fish and wildlife provisions.
Sponsors: Representatives Blake, Buck, Takko, Holmquist, McCune, Condotta, Hinkle and B. Sullivan.
Brief History:
Natural Resources, Ecology & Parks: 2/15/05, 2/24/05 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON NATURAL RESOURCES, ECOLOGY & PARKS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 11 members: Representatives B. Sullivan, Chair; Upthegrove, Vice Chair; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake, DeBolt, Dickerson, Eickmeyer, Hunt, Orcutt and Williams.
Staff: Jason Callahan (786-7117).
Background:
Unlawful recreational fishing
Individuals violating certain fishing laws can be prosecuted for the crime of unlawful
recreational fishing. The gross misdemeanor of unlawful recreational fishing in the first
degree can be prosecuted when an individual takes twice the allowed bag limit of a species,
fishes in a fishway, or uses certain methods for catching a fish. Unlawful recreational fishing
in the second degree is a misdemeanor, and can be prosecuted when a person fishes without a
license or violates a rule of the Fish and Wildlife Commission (Commission) in regards to
recreational fishing.
Unlawful hunting
The crime of unlawful big game hunting can also be prosecuted in the first and second
degree. The second degree crime, which is a gross misdemeanor, occurs when a person hunts
big game in a closed area or during a closed season, hunts without a license, or hunts in
violation of a Commission rule. The first degree crime, which is a felony, occurs if the
person had been convicted within the past five years of another fish and wildlife code
violation.
In addition to the criminal penalties associated with unlawful big game hunting, those
convicted of the first degree variety face a suspension of their big game hunting privileges for
two years. Individuals convicted of either the first of second degree variety of unlawful big
game hunting also face a wildlife penalty assessment. The fees collected by this assessment
are directed to the public safety and education account, and range between $2,000 and
$12,000 depending on the species of big game killed.
Individuals can also face criminal charges for spotlighting big game. This crime occurs when
a person is found hunting with the aid of a spotlight or other artificial lighting device.
Property seizures
Fish and wildlife enforcement officers have the authority to seize without warrant, items that
are believed to have been used to violate the code. Enforcement officers must have probable
cause to believe that the item was used in furtherance of a violation. The seizure authority
extends to boats, airplanes, vehicles, gear, appliances, and other articles used to violate the
code.
Seized property may be recovered by the owner if he or she submits to the court a cash bond
that is equal to the value of the seized property, or $25,000, whichever is less. In addition,
the property forfeiture can be contested by making a claim in writing to the Director of the
Department of Fish and Wildlife (Department) within 45-days of the seizure. If the value of
the property in question is greater than $5,000, the claim can be moved to a court of law.
Summary of Substitute Bill:
Unlawful recreational fishing
The crime of unlawful recreational fishing in the first degree is expanded to include the
action of fishing for or possessing a fish that is listed as endangered or threatened by the U.S.
Department of the Interior.
Unlawful hunting
The Department is required to revoke all hunting privileges for two years for an individual
convicted of a second-degree charge of unlawful big game hunting or spotlighting big game.
Individuals convicted of a first-degree charge of unlawful big game hunting will have their
hunting privileges suspended for 10 years.
The criminal wildlife penalty assessed to a person convicted of the crime unlawful big game
hunting is increased as follows:
Property seizures
Individuals that have had property seized by the Department have the option to recover the
property by posting security equivalent to a cash bond. The maximum amount of security
that may be required is increased from $25,000 to $100,000.
The Department is given the authority to settle a claim of ownership filed to the Department.
Fish and Wildlife Reward Account
The Fish and Wildlife Reward Account (Account) is created as a non-appropriated account in
the state treasury. The Account receives the revenues generated from the assessment of
criminal wildlife penalties for the unlawful hunting of big game, as well as any money or
property donated to the fund, and criminal wildlife penalties. The Director of the Department
may only authorize expenditures from the account for wildlife enforcement issues, including
the investigation and prosecution of fish and wildlife offenses and providing rewards to
informants.
Assessments of criminal wildlife penalties for the unlawful hunting of big game are no longer
directed towards the Public Safety and Education Account.
Substitute Bill Compared to Original Bill:
The substitute bill clarifies that fishing for an endangered species is recreational fishing in the
first degree, directs the value of seized property that is sold to go to the Fish and Wildlife
Enforcement Reward Account and not to the Wildlife Fund, and removes provisions that
waived the criminal assessment fees for individuals who accidently killed trophy deer or elk,
and reported the incident to the Department.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: This bill will make prosecuting wildlife claims a higher priority. Poachers are not being convicted, and their behavior gives all hunters a black eye. The hunting community is frustrated with poachers, and are willing to contribute money so that the Department can offer rewards for witnesses. Currently, penalty assessments are not going towards investigating and enforcing poaching violations, and that is how the money should be used.
Testimony Against: None.
Persons Testifying: Representative Blake, prime sponsor; Ed Owens, Hunters Heritage Council; and Bruce Bjork, Washington Department of Fish and Wildlife.